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Thread: returning to live in nz with my son

  1. #1
    Join Date
    Dec 2012
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    uk
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    Default returning to live in nz with my son

    hi guys, my first post here so please bare with me! i previously had nz residency when i married a kiwi girl. Unfortunately we divorced and because i had moved back to the uk i lost it. However, we have a son (he is 13 and lives with me in the uk) who was born in nz and has two passports (one uk and one nz) and we have talked about returning to nz to spend some more time with his family (on his mums side). My question is, would i be entitled to either residency or a work visa because my son is an nz national? We visit every year so would it make more sense for me to visit an immigration office when we are next there? I really appreciate all your help, many thanks.

  2. #2
    Join Date
    Feb 2008
    Posts
    36,583

    Default

    Hello and welcome.

    Unfortunately, I can't find anything that will be of any help to you short-term, on the basis of your son's citizenship.

    There is a system by which a NZ citizen or resident can sponsor in their parent, but this is only available to anyone after a long wait, and with stringent requirements for both the sponsoring child and the parent coming in (some of them financial), and child must be adult. Also, the sponsoring child must be normally resident in NZ. http://www.immigration.govt.nz/migra...nt/default.htm

    Are you likely to be eligible for a work visa because of skills you have? http://www.immigration.govt.nz/migra.../requirements/

  3. #3
    Join Date
    Sep 2008
    Location
    Christchurch from Scotland
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    2,226

    Default

    I had a friend who was out here as the guardian of a school age child. Her child was on a student visa but she had a guardian visa. I'm not sure but I think she also had the right to work part time, but cannot be sure. There may be an alternative way and it would probably be worth chatting to NZIS....especially if you what to bring a Kiwi "home"

  4. #4
    Join Date
    Feb 2008
    Posts
    36,583

    Default

    Mamee&Co - thanks for that heads up! I found this, now I knew what I was looking for.

    Parents and guardians of students

    If you are the parent or legal guardian of a student enrolling in school years 1 to 13, or who is aged 17 years or younger, you may be granted a guardian visa so you can live with and care for the student. If you need to stay longer than 12 months, your visa can be renewed for further 12-month periods as long as the student continues his or her studies, until that student reaches the age of 18 years.

    If you fail to live with and care for the student, either by withdrawing your support or moving away, you may become liable for deportation. If the student you are caring for is required to be accompanied by a guardian, that student may also become liable for deportation.

    Guardians who hold visitor visas are prohibited from being granted a student visa or a work visa. However, they are eligible to apply for a variation of conditions to their visitor visa for part time work or study.
    http://www.immigration.govt.nz/migra...alvisitors.htm

    But now I find a possible problem. Looking up this same visa in the INZ operational manual http://www.immigration.govt.nz/opsmanual/34312.htm (Go to V3.100), I see that
    A person may be granted a visitor visa under these instructions for the purpose of living with and caring for, a foreign fee paying student in New Zealand, if they are the legal guardian of a person who:
    is the holder of a current student visa and is 17 years old or younger; or
    is the holder of a current student visa and is enrolled in school years 1-13.
    (my bolding). You'd need to talk to INZ to see if you can still be eligible for one of these as your son is a Kiwi and wouldn't need a student visa. At least you'd have some knowledge to start from, though.

  5. #5
    Join Date
    Dec 2012
    Location
    uk
    Posts
    2

    Smile

    thanks for all of you help guys, looks like a starting point! i will keep you all updated

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